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2025 DAILYLAW 14987 (KAR)

SRI GURUMURTHAPPA v. THE STATE OF KARNATAKA

WP/2993/2025 · 2025-06-25

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22383 WP No. 2993 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.2993 OF 2025 (KLR-RES) BETWEEN: 1. SRI GURUMURTHAPPA S/O LATE SOMAPPA AGED ABOUT 62 YEARS, R/O KEDYKOPPA VILLAGE, UDUGUNI HOBLI, SHIKARIPURA TALUK, SHIMOGA DISTRICT - 577 428. …PETITIONER (BY SRI. LAKSHMIPATHI D.G., ADVOCATE FOR SRI. BALAGANGADHAR G S.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, M.S.BUILING, DR.B.R.AMBEDKAR VEEDHI BENGALURU - 560001. 2. THE ASSISTANT COMMISSIONER SHIKARIPURA TALUK, SHIKARIPURA - 577 427. 3. THE TAHSILDHAR SHIKARIPURA TALUK, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22383 WP No. 2993 of 2025 SHIKARIPURA - 577 427. 4. THE COMMITTEE FOR REGULARISATION OF UNAUTHORISED CULTIVATION SHIKARIPURA TALUK REP. BY ITS SECRETARY TAHSILDAR SHIKARIPURA - 577 427. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE 2ND RESPONDENT LEARNED ASSISTANT COMMISSIONER, SAGARA, IN CASE NO.R.MIS.63-2023 DATED 26.08.2024, WITH REGARD TO SY.NO.16, RAMAPURA VILLAGE, KASABA HOBLI, SHIKARIPURA TALUK MEASURING 4 GUNTAS PRODUCED AT ANNEXURE A AND ALSO TO QUASH THE ORDER PASSED BY THE 3RD RESPONDENT AS HE IS SECRETARY OF THE REGULARISATION COMMITTEE, THASILDAR, SHIKARIPUR TALUK IN SAGARA, DATED 07.02.2023 IN CASE NO.L.N.D.CR.454/2020-21 REJECTING THE APPLICATION OF THE PETITIONER WHICH IS PRODUCED AT ANNEXURE B, AS THE SAME IS IMPUGNED, FRIVOLOUS, CAPRICIOUS AND LIABLE TO BE SET ASIDE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:22383 WP No. 2993 of 2025 ORAL ORDER Learned Additional Government Advocate accepts notice for the respondents. 2. Heard the learned counsel appearing for the parties. 3. In this writ petition, the petitioner is seeking to quash the order dated 26.08.2024 passed by the respondent- Assistant Commissioner vide Annexure-A in respect of the land in question. 3. The learned Additional Government Advocate submits that the petitioner has an alternative and efficacious remedy under the relevant provisions of law to approach the competent authority, challenging the rejection of the claim made by the petitioner regarding the alleged unauthorized occupation of the land in question. - 4 - HC-KAR NC: 2025:KHC:22383 WP No. 2993 of 2025 4. In view of the above, the writ petition is not maintainable. Accordingly, the writ petition is dismissed. However, the petitioner is at liberty to approach the competent authority in accordance with law for redressal of his grievance. Liberty is reserved to the petitioner, as prayed for. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 34